Road plan to get hearing in Cass County

Eagle Lake housing proposal expected to draw large crowd tonight

Eagle Lake housing proposal expected to draw large crowd tonight

April 10, 2007|BARBARA DEMPSEY Tribune Correspondent

CASSOPOLIS -- The Cass County Road Commission tonight hears from the public on the proposed abandonment of a part of Eagle Lake Road Commissioners expect a larger than normal crowd for the hearing, which is scheduled for 7 p.m. in the Edwardsburg Middle School Auditorium. Petitioner Paul DeLano, an Edwardsburg developer who is seeking to have a portion of the road closed and moved for anticipated development along Eagle Lake's southeast end, will be given ten minutes to outline his request as well as allow other professionals to speak on his behalf. The issue of road abandonment and road alignment (moving part of the road further inland) has been a hot topic of discussion in the Edwardsburg area with several factions weighing in. Those include the Eagle Lake Improvement Association, which opposes abandonment because of increased boat traffic that could occur because of development directly on the lake. It also opposes multifamily housing on the lakefront. There is no multifamily housing along Eagle Lake's shoreline. Some property owners at the east end of the lake support the abandonment because they object to swimmers who park across from their homes and use the area as a public beach. They believe the crowds create a safety hazard and trash issue and say the activities are not regulated. The Ontwa Township Board has notified the road commission that it opposes the abandonment. The Cass County Board of Commissioners last week also voted unanimously to oppose the abandonment after it was asked by the road commission for its input. Additionally, the Michigan Department of Environmental Quality (DEQ) also reportedly is opposing the abandonment. According to the commission's policy, members of the public who want to speak will be asked to sign in prior to the hearing, giving their full name and address for the record. They will be allowed to speak only when recognized by Road Commission Chairman Bob Powers, and comments will be limited to three minutes, or whatever time is announced for comments at the beginning of the hearing. The policy states that "persons may speak only once and may not 'yield their time' to another person." Repetitive comments by other speakers will not be allowed. Written comments can be submitted prior to or during the meeting and read into the record. Each commissioner will be allowed at least five minutes "to comment on the petition at the conclusion of the hearing." Earlier this year, road commissioners ruled that an alignment of the road was feasible from an engineering and safety standpoint. Township officials are concerned that putting a new section of road through DeLano's property would not be safe over time because of the soil composition. The current road has been in place for at least 80 years, township officials said. It was first paved by the county in the 1950s, setting off a series of court cases by adjacent property owners. The Michigan Supreme Court in 1960 confirmed the eastern shoreline as a permanent county right of way. Road commissioners say that the property is unique because the road right of way abuts the public access directly at the shoreline, which is approximately 1,850 feet in length. DeLano has suggested dedicating a small portion of the shoreline, if road abandonment goes forward, for a public beach, and has offered to build a parking lot and sanitary facilities as part of his development. A site plan application yet to be submitted to the Ontwa Township Planning Commission. DeLano's representatives say that they need to know if a section of the road can be closed and moved before they do so.